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Terms & Conditions

Terms & Conditions

 

Welcome to the Covermadebedding.com (the “Site’) website. Covermade LLC provides this Site as a service to its customers. Please review the following terms carefully that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Covermade, LLC reserves the right, at any time, to modify, alter or update any terms or conditions applicable to the Site, and you agree to be bound by such modifications, alterations or updates. Any access of use of this Site by you after notice of revisions or additions to these terms shall be deemed to be your agreement to such revisions or additions.

The Site shall have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.

 

Content & Proprietary Rights

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on the Site. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Covermade LLC or licensed from third parties. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose, and you shall not alter any copyright and other proprietary notices. Except as provided in the foregoing, the Site does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium.

 

License to use website

Unless otherwise stated, the Site and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Site solely for your own personal use, subject to the restrictions set out in these terms and conditions.

You must not:

  • republish material from the Site;
  • sell, rent or sub-license material from the Site;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
  • edit or otherwise modify any material on the Site; or
  • redistribute material from the Site [except for content specifically and expressly made available for redistribution].

 

Acceptable use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation spidering, scraping, data mining, data extraction and data harvesting) on or in relation to the Site without the Site’s express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

You must not use the Site for any purposes related to marketing.

 

Linked Third Party Websites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Covermade LLC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Covermade LLC , and Covermade LLC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

 

Prices, Orders and Shipping

The Site may restrict delivery to addresses within the United States and Canada. The Site will add shipping and handling fees and applicable sales/use tax as necessary. Covermade LLC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute Covermade LLC’s acceptance of an order. Prior to our acceptance of an order, verification of information will be required. We reserve the right at any time after receipt of your order to accept or decline your order, even after your receipt of an order confirmation from the Site, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. You may not purchase any item from this Site for resale.

Your transaction will be processed once we have confirmed product availability, and received credit authorization. Please note that your order will be shipped only once payment and delivery details have been approved. You will receive a shipping confirmation e-mail once your items have shipped. We are unable to re-route packages once they have been shipped, so please check all shipping details carefully before submitting your order. Transit time estimates do not include weekends or holidays.

 

Miscommunications

Covermade, LLC is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications.

Further, Covermade LLC and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry of information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we retain the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Disclaimer and Limitation of Liability as to this Site and Content Covermade LLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Covermade LLC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Covermade LLC, its AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Covermade LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer and Limitation of Liability as to Products and Services Covermade LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Covermade LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

UNDER NO CIRCUMSTANCES SHALL Covermade LLC, ITS AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF Covermade LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Covermade LLC LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

 

Indemnification

You agree to defend, indemnify, and hold harmless Covermade LLC, its afiliates, vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of your use of the Site.

 

Law and Forum

These Terms are governed by the laws of the State of Ohio without regard for its choice of law provisions. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts located in Columbus, Ohio.

 

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including Covermade LLC. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Covermade LLC or such third party owner.

 

User Information

Other than personally identifiable information, which is subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Covermade LLC, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Covermade LLC may, but is not obligated to, monitor or review any User Communications. Covermade LLC shall have no obligations to use, return, review, or respond to any User Communications. Covermade LLC will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Covermade LLC retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.